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Intellectual Property Short Answer Questions

1. Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons and other entities in accordance with the provisions of the law on intellectual products generated by their intellectual creation or innovative activities, also known as "intellectual achievements." "Intangible property rights" and "intangible property rights" mainly include industrial property rights consisting of invention patents, trademarks, and industrial designs, as well as works in natural sciences, social sciences, literature, music, drama, painting, sculpture, photography, and film photography. Consists of two parts of copyright (authorship). 2. Classification:

From the content of rights, intellectual property rights include personal rights and property rights. Personal rights in intellectual property rights are exclusive rights that are inseparable from the person of the person who creates the results of intellectual activity, such as: right of signature, right of publication, right of modification, etc.; property rights in intellectual property rights refer to the rights of the person who enjoys intellectual property rights based on this intellectual activity. The right to receive remuneration or other material benefits for the results achieved. According to the different results of intellectual activities, intellectual property rights can be divided into copyrights, trademark rights, patent rights, invention rights, discovery rights, etc. Regarding the above-mentioned intellectual property rights, Section 3 of Chapter 5 of my country’s General Principles of Civil Law has made clear provisions. 3. Intellectual property rights are an open system that is constantly expanding. The development of science and technology and social progress have not only continuously enriched the connotation of traditional types of intellectual property rights, but also continuously expanded the extension of intellectual property rights. According to international conventions such as the TRIPs Agreement and the Convention Establishing the World Intellectual Property Organization, as well as domestic legislation such as the General Principles of Civil Law and the Anti-Unfair Competition Law, the scope of intellectual property rights mainly includes the following contents:

1. Copyright and related rights. Copyright, also known as copyright, refers to the personal and property rights enjoyed by authors of literary, artistic and scientific works and their related subjects in accordance with the law. Neighboring rights are called “copyright-related rights and interests” in copyright law.

2. Patent rights refer to the exclusive right to implement inventions, utility models and designs that a natural person, legal person or other organization enjoys within a certain period of time in accordance with the law.

3. Trademark rights refer to the various rights that a trademark registrant or rights successor enjoys over a registered trademark within the statutory period.

4. Trade secret rights refer to the exclusive rights enjoyed by civil subjects in accordance with the law over technical information or business information that are trade secrets.

5. New plant variety rights refer to the exclusive right to use the authorized varieties enjoyed by units or individuals who have completed the breeding in accordance with the law.

6. Integrated circuit layout design rights refer to the exclusive rights enjoyed by natural persons, legal persons or other organizations in accordance with the law over integrated circuit layout designs.

7. Trade name rights refer to the exclusive right to use a trade name that a commercial entity enjoys within a certain geographical scope in accordance with the law.

There are large differences in theoretical circles as to whether the right to reward scientific and technological achievements, geographical indication rights, domain name rights, anti-unfair competition rights, special database rights, commercialization rights, etc., can become independent intellectual property rights. 4. Patent is: First: The abbreviation of patent right refers to the patent right enjoyed by the patentee over the invention and creation, that is, the state grants the inventor or creator or his successor the exclusive right to use his invention and creation within a certain period of time in accordance with the law. The emphasis here is on rights. Patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use the patented technology of others, he must obtain authorization or permission from the patentee in accordance with the law.

Second: It refers to inventions and creations protected by patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of disclosure. "Patent" here specifically refers to technical methods - technologies or solutions protected by national law. (The so-called proprietary technology refers to technology that enjoys exclusive rights. This is a larger concept, including patented technology and technical secrets. Certain professional technologies that do not belong to patents and technical secrets are only available in certain technical service contracts. Meaning. ) A patent is an invention-creation protected by legal regulations. It refers to an invention-creation that submits a patent application to the national examination and approval authority and is granted to the patent applicant within the time specified in the country after passing the examination in accordance with the law. It enjoys exclusive rights and requires regular annual fees to maintain this state-protected status.

Third: Refers to the patent certificate issued by the Patent Office confirming the patent rights enjoyed by the applicant for his invention or creation or the patent document recording the content of the invention and creation, which refers to the specific material document. 5. Enterprise Management 6. Trademark is a product of modern economy. It is different from ancient imprints. Modern logos carry the intangible assets of enterprises and are the media for the transmission of comprehensive information of enterprises. As the most important part of a company's CIS strategy, the logo is the most widely used, the most frequent, and the most critical element in the process of corporate image transmission. The company's strong overall strength, perfect management mechanism, high-quality products and services are all embodied in the logo. Through constant stimulation and repeated portrayal, it remains deeply in the hearts of the audience.

7. Article 2 of the Implementing Regulations stipulates that "works as mentioned in the Copyright Law refer to intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form." No. 8. Copyright, also known as copyright, refers to the property rights and personal rights enjoyed by natural persons, legal persons or other organizations in accordance with the law on literary, artistic or scientific works. Among them, the connotation of moral rights of works includes the right of publicity, the right of name expression, and the right to prohibit others from using the work in a distorted or altered manner to damage the reputation of the author. Copyright property rights are intangible property rights and are rights generated based on human wisdom. Therefore, they are intellectual property rights and are a type of intellectual property rights. Copyright arises from the date of completion of the creation of the work, and the principle of voluntary registration is implemented in China

9. The basic principles of the Trademark Law refer to the basic principles that should be followed in the process of establishing and protecting trademark rights. my country's "Trademark Law" has the following six basic principles:

1. Registration principle

2. First-to-file principle

3. Honesty and credibility Fourth, voluntariness Principle 5 of registration, principle of centralized registration and hierarchical management 6, principle of parallel administrative protection and judicial protection

Reference/question/39036617.html?si=1Answer: Have I deleted everything that should be deleted or not? A little too much effort